News & Analysis as of

Punitive Damages

Troutman Pepper

RICO Damages — RICO Report Podcast

Troutman Pepper on

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment,...more

Maron Marvel

White Paper: Navigating the Growing Risk of Large and Nuclear Verdicts

Maron Marvel on

The risk of a large verdict has always been a major factor in any litigation. In recent years, the potential for a punitive damages instruction reaching a jury and a consequent verdict has grown as well. US juries have not...more

Miles Mediation & Arbitration

Damages, Apportionment, Limitation of Liability, and Indemnity in Construction and Commercial Cases

In an earlier article, I summarized important procedural issues in Georgia construction arbitrations. In that piece, specific reference was made to situations where a non-signatory to a contract could be forced to arbitrate...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages In Florida Wrongful Death Cases

The loss of a family member is one of the most devastating events that anyone can go through. While financial compensation cannot make the pain of loss go away, it can prevent your situation from getting worse due to the...more

Proskauer - Law and the Workplace

Fifth Circuit Vacates $365 Million Punitive Damages Award for Title VII Discrimination and Retaliation Claims

In Harris v. FedEx Corp. Servs., Inc., No. 23-2003, a Fifth Circuit panel vacated a $365 million punitive damages award in race discrimination and retaliation case, finding that the plaintiff Jennifer Harris (“Harris”) failed...more

Husch Blackwell LLP

Congress Considers Raising or Eliminating the Statutory Caps on Damages for Claims Brought Under Title VII and the ADA

Husch Blackwell LLP on

Democrats and Republicans within the House Committee on Education and the Workforce have recently expressed bipartisan interest in raising or eliminating the statutory caps on damages for claims brought under Title VII and...more

Winstead PC

Court Affirmed Award Of Damages And Punitive Damages Against A Trustee Due To A Breach Of The Duty To Disclose, Held That A Trust...

Winstead PC on

In Mendell v. Scott, a decedent had a trust that named him as primary beneficiary, and upon his death, the trust would continue for a niece provided that she did not commit a prohibited act. No. 01-20-00578-CV, 2023 Tex. App....more

ArentFox Schiff

Repeated Lies Run up Big Tab for Trump in Defamation Case

ArentFox Schiff on

A recent $83.3 million verdict against Donald Trump for continued defamatory statements underscores what would seem to be an intuitive best practice to minimize defamation liability: once a defendant has been found liable for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Has Arkansas Adopted the Model Uniform Trade Secrets Act?

Has Arkansas adopted the Model Uniform Trade Secrets Act? Yes, but with modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq. S ome...more

Goldberg Segalla

A Review of 2023 Efforts to Broaden Wrongful Death Acts

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Several states over the past year have eliminated limitations that have been part of Wrongful Death Acts.  In Maine, the Legislature enacted “An Act to Amend the Laws Governing Damages Awarded for Wrongful Death.”...more

Goldberg Segalla

Motion for Summary Judgment of Gasket and Packing Manufacturer Granted in Part and Denied in Part

Goldberg Segalla on

Court: United States District Court for the Northern District of Illinois, Eastern Division - Plaintiffs Chloyde Pelton and Shirley Pelton sued Defendant John Crane Inc. for negligence, willful and wanton conduct, and...more

Fox Rothschild LLP

Get that Judge “Outta Heah!” A Primer on Recusal

Fox Rothschild LLP on

Last week’s news concluded with a jury awarding $83 million in punitive damages in a New York defamation trial involving a certain former U.S. President. This week started with a Motion filed by President Trump’s lawyers...more

NAVEX

Your Questions, Answered – Mastering DOJ Compliance Guidance: Building a Strong Resilient Foundation for Your Organization's...

NAVEX on

NAVEX recently hosted a webinar in partnership with Granite GRC about the recent updates to the U.S. Department of Justice (DOJ) and the current Evaluation of Corporate Compliance Programs (ECCP). This posts answers questions...more

Harris Beach PLLC

National Mass Torts: 2023 Year in Review

Harris Beach PLLC on

Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more

Fuerst Ittleman David & Joseph

Florida Litigation Update: Third DCA Clarifies When Joint Proposals for Settlement Are Ambiguous and Addresses the Interplay...

Florida litigators are well aware of the power of a properly used proposal for settlement and the potentially devastating consequences of rejecting such a proposal. Such proposals are powerful tools designed to facilitate...more

U.S. Equal Employment Opportunity Commission...

Nebraska Court Orders Trucking Company to Pay Deaf Driver Punitive Damages, Lost Wages After Jury Awarded Millions

Werner Enterprises Must Also Report Its Treatment of Future Deaf Applicants - ST. LOUIS – Werner Enterprises, Inc. and Drivers Management, LLC must pay $335,682 to a deaf truck driver months after an Omaha jury found in...more

Goldberg Segalla

Talc Defendants’ Motion to Dismiss Punitive Damages Claim Granted; Motion to Dismiss Civil Conspiracy Claim Denied

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Michael Simoneaux initially filed suit against his former employers for alleged asbestos exposure. He later amended his...more

Weber Gallagher Simpson Stapleton Fires &...

Understanding the Interplay of Punitive Damages and Direct Claims in Trucking Accidents

The recent case of Villagran v. Freightbull, Inc., No. 22-CV-2159 (E.D. Pa. Oct. 12, 2023, McHugh, J.) provides good case law for the trucking industry regarding the interrelatedness of claims for punitive damages and direct...more

Linda Liu & Partners

Solve the dilemma in presenting evidence by applying to the court for collecting evidence and issuing an order to produce...

Linda Liu & Partners on

Judgment Gist - In a civil intellectual property lawsuit, if the applicant applies to the court to order the other party to produce documentary evidence, it should clarify the factum probandum in its claims. When...more

Goldberg Segalla

$107 Million Asbestos Verdict Set Aside after Findings of Misconduct

Goldberg Segalla on

Court: Superior Court of California, County of Los Angeles, Civil Division - In this asbestos action, a California state court set aside a $107 million verdict against defendants Union Carbide Corp., Elementis Chemicals...more

Harris Beach PLLC

Results in Toxic Exposure/Product Liability Trials Continue Trend of Irrational "Nuclear" Verdicts

Harris Beach PLLC on

“Nuclear” verdicts are awards that are exceptionally high, eclipsing what would be a rational, reasonable, or expected amount based on the evidence. Three recent jury verdicts awarding unreasonably large compensatory and...more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 11

Dechert LLP on

Recent Nuclear Verdicts Highlight Danger of Punitive Damages - In October and November 2023, four separate products liability trials ended with large plaintiff verdicts. Three of these verdicts were against Monsanto in...more

Carlton Fields

SDNY Confirms Arbitration Award Under New York Convention

Carlton Fields on

In Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York granted a petition to confirm and enforce a foreign arbitration award issued in an arbitration held before the...more

White and Williams LLP

Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services

White and Williams LLP on

In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims...more

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